The Legal Protection of Privacy and Freedom of Expression, Part 2 – Dominic Crossley

13 02 2016

Dominc CrossleyWhat Leveson sought to achieve was a system that emasculated bullies on both sides of the argument.  I am very sympathetic to small publishers who simply cannot withstand the financial risk of a litigation threat from a wealthy individual or organisation.  The greatest impediment to asserting privacy rights or indeed rights to freedom of expression is usually financial constraints. Read the rest of this entry »





The Legal Protection of Privacy and Freedom of Expression, Part 1 – Dominic Crossley

12 02 2016

Dominc CrossleyIn her enormously impressive paper “Privacy, democracy and freedom of expression“, Annabelle Lever poses the question: must privacy and freedom of expression conflict?  I would like to begin by addressing this question. My answer to that is no, they need not always conflict and in my experience a failure to respect privacy can have a direct impact upon freedom of expression. Read the rest of this entry »





Justice denied: how media reforms have harmed the rights of companies – Dominic Crossley and Jason Nisse

7 01 2015

LevesonIt was a cold, wet day at the end of November 2012 when Lord Justice Leveson published his report.  The content was so hotly anticipated that those allowed a few hours head-start before the public release of the report were locked in special rooms in the Queen Elizabeth II building in Westminster so as not to leak its secrets. Read the rest of this entry »





The Police Tip-Off and Cliff Richard – Dominic Crossley

15 08 2014

Sir-Cliff-Richard-investi-008Did you, as I did, succumb to the temptation of searching Cliff Richard’s name on Twitter following the news that his Berkshire home had been “raided” by the police?   If you did, you will have seen that many appear to be in no doubt as to his guilt.  Read the rest of this entry »





Case Law: R (T) v Secretary of State for the Home Department, The right for (criminal records) to be forgotten – Dominic Crossley and Clarissa Ferguson

3 08 2014

criminal-background-checkArticle 8 of the European Convention on Human Rights has once more proved a thorn in the side of the Government.  The recent Supreme Court case of R (T ) v Secretary of State for the Home Department ([2014] UKSC 35provides important guidance on the scope of private information, the criminal record checking system and what will be considered in accordance with the law.  Read the rest of this entry »





Privacy in Court Proceedings: Exposed – Dominic Crossley

9 05 2014

Nigel EvansThe prosecution of Max Clifford is just one of a number of recent high profile cases that have contained the revelation of embarrassing private information.  The submissions and evidence concerning his anatomical proportions had the press and, in particular, social media in raptures.  Read the rest of this entry »





Case Law, Strasbourg: Ruusunen v Finland, The Private of Life of a Prime Minister – Dominic Crossley

20 01 2014

matti-vanhanenThe right to privacy for a European head of state has hardly been more topical.  Just as we (perhaps more so than the French) are transfixed by the surreptitious scooter-shenanigans of President Francois Hollande, the European Court of Human Rights publishes its judgment in a case concerning the privacy of the Finnish ex-Prime-Minister Matti Vanhanen, Ruusunen v Finland. Read the rest of this entry »





Privacy goes on holiday – Dominic Crossley

20 09 2013

Cameron HolidaysThe UK is wet and chilly again, summer is over.  Even London’s barristers’ chambers are showing signs of being populated in readiness for the start of Michaelmas term.  Before confronting the long slog until Christmas, some reflections upon summer holidays. Read the rest of this entry »





Reputation and Baroness Thatcher, Deceased – Dominic Crossley and Aimee Stevens

24 04 2013

Thatcher Leaving Downing StreetThe death of Margaret Thatcher has generated acres of commentary and reaction across all kinds of media; from Twitter to newspaper front pages to placards and banners.  The reactions have been extreme both in praise and contempt.  The negative views of Baroness Thatcher and reactions to her death have been particularly eye-catching and right wing newspaper editorials in particular have portrayed them as being inappropriate and offensive.  Read the rest of this entry »





Media Lawyers and Leveson – A Petition in support of the Recommendations – Dominic Crossley

5 12 2012

petition2

I have been heartened that lawyers with experience in this area of law are beginning to voice their objection to how Leveson’s proposals are being mischaracterised by the national press. Sir Edward Garnier QC, the former Conservative solicitor general, and media barrister from One Brick Court, said the following in Parliament: “We are not talking about the statutory control of the press. Can we try and move away from the hyperbole and exaggeration which seems to suggest Lord Justice Leveson is demanding some Stalinistic control of the press?” Read the rest of this entry »